LORAIN -- Lorain County Common Pleas Judge James Burge's decision to acquit a Lorain father of charges for striking his 8-year-old son with a belt has generated some strong reaction about the use of corporal punishment.

Last week, James P. Smith, 28, of Lorain, was acquitted by Burge of domestic violence and endangering children after Lorain police detectives, a Lorain County Children Services case worker and the county prosecutor's office determined Smith's discipline had crossed the line.

One Wakeman reader wrote, ''A parent's right. Since the parents lost the right to punish the old fashioned way (the woodshed out back) our children have gone wild and out of our control at all ages, unruly with no respect for others and mostly their parents.''

Another Wakeman reader opined that ''disipline (sic) is a long way from child abuse. Parents have the RIGHT to disipline (sic) their kids. ... I believe if you don't whip your child to teach them right from wrong, you do not love them! Hats off to the judge for helping to get these kids under control.''

Not all readers agreed that the father's actions were appropriate.

''A swat on the butt is one thing, this was too much. The father could have broken or bruised one of his son's vertebrea (sic). He had no reason to put a belt to that child's back,'' a North Ridgeville reader wrote.

A reader from Canada agreed.

''I am appalled at the ignorance and violent attitude of Judge James Burge in acquitting James P. Smith of assaulting his son with a belt causing injuries to the 8-year-old's skin,'' he wrote.

Pictures of the boy's injuries from his father's belt were shown to Burge during the trial, and Burge said the prosecution didn't adequately prove Smith's actions were excessive or caused serious physical harm or the risk of serious physical harm to his son.

''If our juvenile delinquents would receive a few swats, our juvenile detention center would not to so full. Many children don't get to adulthood knowing right from wrong,'' Burge said in defense of his ruling.

Readers congratulated Burge for taking his stance.

''Bravo Judge Burge! When parents started getting reprimanded for disciplining their children is when the detention centers started filling up and parents lost control. That's why the youth of today have no conscious and no direction.''

''The right choice,'' a Lorain reader wrote. ''We need more judges that can think like Judge Burge. I would rather have my kids spanked now than be killed later.''

Dr. Sylvia Rimm, a child psychologist and director of the Family Achievement Clinic in Cleveland, said based on research, she has learned when children are physically hit they become more aggressive.

''Many years ago it was not uncommon to spank a child on the behind with a belt,'' Rimm said. ''Whether a person is guilty or not depends on how hard the child was hit.''

Rimm disagreed with the level of punishment inflicted on the 8-year-old in the case. She said a child should not have been hit over the back, and if it caused welts on his body, it is considered child abuse.

''Any child who has welts on his back and suffering the pain of feeling those welts is feeling pretty hated by that person,'' Rimm said. ''That's not a loving expression and that child has to feel fear, terrible fear.''

Officials at Irving Elementary School contacted Smith after his son was caught kissing girls. Smith's attorney, Jenifer Berki, said toys and video games were taken from the boy as punishment, but when his actions continued, Smith hit him with a belt. Berki said Smith's actions did not cause his son to bleed and the child was not hospitalized for his injuries.

Lorain County Assistant Prosecutor Sherry Glass presented photographs to spare the child from having to testify against his father, according to Lorain police Detective Ralph Gonzalez, who investigated the case.

Gonzalez said he forwarded his initial investigation of the April incident to city prosecutors, and because Smith has a domestic violence conviction involving the mother of the child, it was given to the county prosecutor for review. Gonzalez, who typically investigates crimes against children, said Smith's actions were ''bad enough that we sent it for charges.''

Lorain County Prosecutor Dennis Will said his office prosecuted the case because they believed the evidence showed that the discipline crossed the line.

''Clearly, we believe the evidence substantiated the charges,'' he said. ''The question is whether or not (discipline) becomes an assault.''

Marilyn Zeidner, director of the Genesis House, a provider of domestic violence care, was shocked by the comments of readers who support the father and Burge.

''I would emphasize we are taking 10 steps backward by not taking a zero tolerance policy when people use violence to get what they want,'' Zeidner said. ''There are other ways of teaching right from wrong than using violence and beating.''

Zeidner said Burge's ruling sends a message that the community doesn't care about its children.

''Even the children we see that just witness violence against their mother are traumatized as if it is happening to them,'' Zeidner said. ''They learn to use violence to get what they want. Children live what they learn and that's how the cycle of abuse continues from one generation to the next.''

Lorain County Children Services spokeswoman Patti-Jo Burtnett said her agency investigates concerns and complaints about abuse and neglect, which includes bruises or injuries caused by a parent.

''In those situations when we think they are significant we report it to the appropriate law enforcement agency,'' Burtnett said. ''It's the court's responsibility to determine if the injury is in the bounds of corporal punishment or not.''

She would not comment specifically on the Smith case.

Since being acquitted of the charges, the now 9-year-old boy is back in Smith's care, according to Gonzalez. Smith has primary custody of the 9-year-old and his younger brother.

''It was the wrong decision made by the judge,'' Rimm said. ''The psychological dilemma now is that the judge has made a decision that put the child in a weakened position. If in fact the child does do something again and the father decides to use physical punishment again, the father can find himself going even further.''

Rimm encourages parents to be firm with their children and hopes the father will get counseling to provide him with guidance about raising a child.

jbracken@morningjournal.com